Even though most people know that a defendant in a criminal case has the right to an attorney, there might be some misconceptions as to whether everyone has the right to a free attorney.
Yes, even though the Sixth Amendment of the Constitution guarantees the “assistance of counsel” for every invididual accused of a crime, it really doesn’t say anything about whether the government has to pay for that attorney. Actually, historically, the law was understood to indicate simply that if you wanted an attorney and could shell out the dough for one, you had every right to do so. But as far as free help went, this was a concept developed over time by the court system itself.
Luckily for defendants in need, however, the rule has generally become that anyone who is too poor to hire a lawyer has to have one provided to them. Essentially someone can’t go to jail for either a felony or a misdemeanor without having the assistance of counsel (unless they gave up that right). Pretty simple right? Well, not so fast, as you’re probably already wondering, what’s “too poor” and who gets to decide?
- Right to Counsel Resources (FindLaw)
- Constitution: Assistance of Counsel (FindLaw)
- Right to Counsel (provided by Law Offices of Frank Jackson)
- What the Sixth Amendment Guarantees (FindLaw)
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